Pooran Singh vs Uttam Singh
2023 Latest Caselaw 19637 MP

Madhya Pradesh High Court

Pooran Singh vs Uttam Singh on 23 November, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           SA No. 2390 of 2019
                                                 (POORAN SINGH Vs UTTAM SINGH AND OTHERS)

                           Dated : 23-11-2023
                                 Shri Arpan Shrivastava- Advocate for the appellant.

                                 Smt. Garima Tiwari - Panel Lawyer for the State/respondent No.2.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing on the following substantial questions of law:

"1. Whether in view of the fact and as has been mentioned by trial Court in paragraph-16 of its judgment that 'Raj Gond' caste was declared as aboriginal tribe vide Gazette Notification dated 13-11-1992, the learned courts below have committed illegality in dismissing the suit ?

2. Whether in view of the aforesaid fact that even upon declaring 'Raj Gond' caste as aboriginal tribe on 13-11-1992, permission of Collector to sell the suit property was required ?

3 . Whether the learned Court below has committed error in dismissing the suit holding it to be barred by limitation?"

Also heard on I.A.No. 10836/2019, which is an application under Order 39 Rule 1 & 2 r/w Section 94 and 151 of CPC.

Issue notice of final hearing alongwith extract of substantial questions of law and aforesaid I.A. to the respondent No. 1 on payment of PF within 7 working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status-quo in respect of the suit property, until further orders.

Lis t for further consideration of I.A.No. 10836/2019 after service of notice on the respondent No. 1.

(DWARKA DHISH BANSAL) JUDGE

PG